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SECTION  14.0:   WIRELESS  TELECOMMUNICATION  FACILITIES, ANTENNAS AND TOWERS

 

14.1            Purpose and Objectives:   

 

                  To provide for the location of wireless telecommunication facilities, antennas and towers while protecting residential neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and screening.  This section of the Zoning Regulations is consistent with the   Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services, prohibit or have the effect of prohibiting the provision of personal wireless services, or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations concerning such emissions.

 

                   Other specific purposes and objectives of these regulations are as follows:

 

·        To encourage siting of telecommunication facilities on nonresidential buildings and structures.

·        To encourage co-location and joint use of new or existing towers and facilities.

·        To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of towers.

·        To accommodate the need for wireless communication towers and antennas while regulating their location and number.

·        To protect historic and residential areas from potential adverse impacts of wireless communication facilities.

·        To encourage suitable design measures to minimize adverse visual effects of wireless communication facilities.

·        To reduce the number of towers and/or antennas needed in the future.

·        To provide for the location of traditional residential use type antennas.

  

14.2              Definitions:

 

                     Unless specifically defined below, words and phrases used in this regulation shall be interpreted so as to give them the meaning they have in common language.

 

                     .1  Antenna” is a device used to receive or transmit electromagnetic waves.  Examples include, but are not limited to whip, panel, and dish antennas.

 

.2  Co-location” means locating wireless communication facilities of  more than one provider on a single site.

 

                     .3  Fall Circle” means the area created by a circle formed with the tower at the center and a radius equal to the tower height.

 

                     .4  Licensed radio engineer”  means a Connecticut registered professional engineer or a technician holding a Radiotelephone Operator License issued by the Federal Communications Commission who is responsible for technical compliance with FCC rules and regulations.

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                     .5  Tower” means a structure intended to support equipment used to receive or transmit electromagnetic waves.  Examples of towers include self-supporting lattice, guyed, and monopole.

 

                     .6  Wireless telecommunication facility” is the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services. 

 

                     .7  Wireless telecommunication services”  means services associated with the transmission and/or reception of wireless telecommunications.  These services may include, but are not limited to cellular, personal communication services, specialized mobilized radio, and paging.

 

14.3            Siting Preferences:

 

                   The general order of preference for alternative wireless telecommunications facility locations shall range in rank from .1 as the most preferred to .5 which is the least preferred:

 

                     .1  On existing structures such as non-residential structures/facades, water towers/tanks, utility poles, or chimneys.

 

                     .2  Co-location on existing or approved towers.

 

                     .3  On new towers located on property currently occupied by one or more existing towers.  This recognizes an already proven good site, and implies that clustering or tower "farming" is more desirable than scattering or dispersal.

 

                     .4  On new towers located in commercial or industrial zones.

 

                     .5  On new towers located in residential zones.

 

14.4                            Telecommunication Facilities, Antennas and Towers Permitted as a Use by Right:

 

                     Wireless telecommunication facilities and other types of antenna installations shall be deemed a permitted use by right, providing that the following criteria are met:

 

                     .1  Facilities within a commercial or industrial zone that are co-located on an 

                          existing antenna or tower, or mounted on the facade or rooftop of an

                          existing non-residential building or structure, provided that:

 

                           .1  No change is made to the height of the existing structure;

                           .2  Panel antennas shall not exceed sixty inches in height by twenty-four inches in width, and dish antennas shall not exceed thirty-six inches in diameter;

                           .3  All facilities, including equipment cabinets and sheds, shall be of a material and color which matches the exterior of the existing structure, and shall blend into the existing architecture to the maximum extent possible;

                           .4  Facade mounted antennas shall not protrude above the existing structure and shall not project more than three feet beyond any wall or facade;

                           .5  Roof mounted antennas shall not exceed the highest point of the rooftop by more than twenty-five feet;

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                           .6  Roof mounted antennas shall be set back from the front and side roof edges a minimum of twenty feet or twenty percent of the roof width, whichever is greater.  Rear roof edge mounted antennas shall be set back from the side roof edges a minimum of ten feet.  Antennas on unguyed or bracketed tower or pole structures less than one square foot in cross-sectional area and located within five feet of the primary building structure shall be considered rear roof edge mounted antennas when all other criteria in Section 14.4 are met; and

                           .7  The Commission determines that existing topography, vegetation, buildings or other structures provide appropriate screening capable of mitigating visual impacts on adjacent residential properties located within one-quarter mile of the commercial or industrial zoned site.

 

                     .2  Wireless telecommunication facilities within any zoning district when co-located on a     

                           tower erected prior to the effective date of these telecommunication zoning  

                           amendments, provided that the standards of Section 14.4.1 are met.

 

                     .3  The following normal and customary residential uses.  Facilities in this section are exempt from other requirements of Section 14.

 

                           .1  Amateur Radio Service (including Amateur Radio Emergency Service) antennas and Amateur Radio Service tower installations meeting the following standards:

 

                                 .1  Towers, transmitters and antenna installations that comply with Part 97 of FCC rules and regulations;

                                 .2  The distance to the nearest property boundary shall be not less than two-thirds of the tower height.  For bracketed towers supported by a building the tower height shall be measured from the bracket attachment height;

                                 .3  Proof of a current Federal Amateur Radio License shall be provided by the applicant;

.4  Towers shall meet all setback requirements for the Zoning District.

 

                           .2  Traditional radio, television, scanner and miscellaneous antennas used by homeowners that meet the following requirements:

 

                                 .1  Height of roof mounted antenna do not exceed twenty feet above the highest point of the structure;

                                 .2  Size of roof mounted dish antennas shall not exceed three feet in diameter;

                                 .3  Tower and overall antenna height shall not exceed sixty-five feet.

 

                           .3  Citizen Radio Service (CB) antennas and towers that are operated in accordance with FCC regulations and emissions standards (20 feet above highest point of structure  and 65 feet maximum tower height) and having a maximum power of five watts.  Towers shall meet all setback requirements for the Zoning District, but are exempt from other requirements of Section 14.

 

                     .4  Normal and customary uses for a business whose primary base of operations is located in the Town of Ledyard and used exclusively for two-way radio communication between persons directly employed or in service of that specific business.  Towers shall meet all setback requirements for the Zoning District, but are exempt from other requirements of Section 14.

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14.5              Telecommunication Facilities Requiring a Special Permit:

 

                     Wireless telecommunications providers shall obtain a special permit for facilities to be located in any zoning district, if not otherwise specifically allowed by Section 14.4 of these regulations.   The following special permit standards for wireless telecommunication facilities shall be followed:

 

                     .1  The tower and/or antenna shall be erected to the minimum height necessary to satisfy technical requirements of the telecommunications facility. Documentation of the minimum height needed, prepared by a licensed radio engineer, shall accompany the application. The Commission may require the submission of propagation modeling results to facilitate its review of tower height.

 

         .2  A tower must comply with the setback requirements of the zoning district in which it is located, or be set back from all property lines a distance equal to but not less than the height of the tower, whichever is greater.  If it can be demonstrated by the applicant that design and installation of the tower limits collapse distance to less than the tower’s height, or if it is unlikely that a structure will be constructed on adjacent property within the fall circle, the distance to the property line may be reduced by the Commission by no more than one-third of the tower’s height.

 

                     .3  A telecommunications facility may be considered as either a  principal or accessory use.   More than one tower on a lot may be permitted if all setbacks, design, and  landscape requirements are met for each tower.  A telecommunications facility may be located on leased land as long as there is adequate ingress and egress to the site for service vehicles, and such access is documented in a deeded easement presented to the Commission.

 

                     .4  All towers in residential zones shall be a monopole design unless it is demonstrated by the applicant that wind loading at the proposed location will exceed monopole design specifications.  The Commission may require that a monopole be designed and treated with architectural materials so that it is camouflaged to resemble a woody tree with a single trunk  and branches on its upper part, or other suitable art form / sculpture as determined by the Commission.

 

                     .5  Towers not requiring FAA paintings or markings shall be painted a non-contrasting blue, gray, or other neutral color.

 

                     .6  No lights or illumination shall be permitted unless required by the FAA.

 

                     .7  No signs or advertising shall be permitted on any tower or antenna, except that no trespassing, warning, and ownership signs are permitted at ground level.

 

                     .8   The proposed tower structure, accompanying accessory building and electrical utilities shall be built to accommodate a minimum of three co-users unless it is determined to be technically unfeasible based upon information submitted by the applicant and verified by the Commission.  These co-users shall include other wireless telecommunication companies, and local police, fire, and ambulance companies.  If co-users are not known

 

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                           at the time of application, applicants shall base designs for co-users on equipment requirements similar to their own.

 

                     .9  A  proposed tower shall be designed and constructed to all applicable standard of the American National Standards Institutes, as amended.

 

                  .10   The Commission may require the use of  Section 16-50aa of the Connecticut General Statutes to promote co-use and tower sharing.

 

14.6              Special Permit Review Standards:

 

                     The Commission, in reviewing applications for wireless telecommunication facilities, shall consider:

 

                     .1  Adequacy and completeness of all plans and information for a wireless 

                    telecommunications facility site plan submitted pursuant to Section 14.7 of these regulations.

 

                     .2  Antenna and tower design characteristics / architectural treatments that have the effect of  reducing, mitigating or eliminating visual obtrusiveness on adjacent areas, including an assessment of tower structure type (i.e., monopoles in residential zones).

 

                     .3  Detailed analysis submitted by the applicant regarding alternative site locations, structures, landscaping and access.  Particular attention will be placed upon the ranked siting preferences found in Section 14.3 of these regulations.

 

                     .4  Provision for tower sharing or co-location to facilitate telecommunication needs of municipal government and other commercial entities in order to reduce the need to construct additional towers.  The Commission reserves the right to require the applicant to utilize the provisions of Section 16-50aa of the Connecticut General Statutes to achieve co-use and tower sharing.

 

.5  If  located on a property listed or eligible for inclusion on the National Register of Historic Places, preservation of the historic and/or architectural character of the landscape or any structure pursuant to Section 106 of the National Historic Preservation Act.

 

                     .6  Future use or re-use of the site, with provisions for facility removal and site restoration upon abandonment.

 

14.7                            Application Procedures and Site Plan Requirements: 

 

                     Applications to develop a wireless telecommunications facility that is a permitted use by right shall be accompanied by all elements found in Section 14.7.1.  Applications requiring special permit shall meet all requirements listed in Sections 14.7.1, 14.7.2 and 14.7.3.  The Commission may require independent engineering/technical review of submitted materials at the applicant's expense.

 

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                     .1  PERMITTED USE BY RIGHT --  Site plans for wireless telecommunication  facilities deemed a permitted use by right shall include:

 

                           .1   A map depicting the geographic service area of the proposed wireless telecommunications facility, and a map indicating the search radius used by  the applicant to select the proposed wireless telecommunications site that depicts other potentially suitable locations and the location of all other tall structures within one-quarter mile of the proposed site;

 

                           .2   A report from a licensed radio engineer indicating:

 

                                 .1  Why the proposed site location is necessary to satisfy its function

                                       in the applicant's proposed wireless telecommunications system; and

 

.2  That the proposed wireless telecommunication facility will comply with FCC radio frequency emission standards and that the installation will not interfere with municipal public safety communications;

 

                           .3  Tower base elevation and height of tower (North American Datum -- 1929); 

 

.4  Written description of all proposed antenna and mounting equipment including size and location on existing tower or building.  Include a description of the structure’s capacity, including the number and type of antennas it can reasonably accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separating distances between antennas; and

 

                      .5  Evidence that all facilities, including equipment cabinets and sheds, are of a material and color which matches the exterior of the existing structure, and to the maximum extent possible blends into existing surrounding architecture.

 

                     .2  SPECIAL PERMITS --  In addition to the general permit requirements found in Section 14.7.1, following information shall be provided for wireless telecommunication facilities requiring a special permit:

 

                           .1  A report from a licensed radio engineer indicating that  no other existing or planned tower or structure can accommodate the applicant's antenna.  For tall structures located within one-quarter mile radius of the proposed site, provide documentation that the owners of these locations have been contacted and have denied permission to install the antenna on these structures for other than  economic reasons;

 

                           .2  Site plan showing location of all proposed towers, structures, fall circle, property lines, buildings, fencing, landscaping with a list of plant materials, and driveway access to the site.  Wherever a telecommunications facility is proposed to be located on an existing structure not located in an industrial or commercial zone, a site plan drawing showing where and how the proposed antenna will be affixed to the particular building or structure.  The plan shall indicate how the tower will collapse without encroaching upon any adjoining property if failure occurs;  

 

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                           .3  Design drawing of all proposed towers, including cross-section and elevation depictions of the proposed tower, antennas, accessory buildings, boxes, cabinets, and security fencing, including size and  materials.  Provide evidence that all facilities, including equipment cabinets and sheds, are of a material and color which matches the exterior of nearby structures, and to the maximum extent possible is of an architectural style characteristic of the vicinity.

 

                           .4  In order to determine if a tower should be disguised, provision of a view shed analysis showing all areas from which the tower would be visible, and if requested by the Commission, a graphical simulation of the proposed site in order to help determine visual impacts associated with the proposal; and

 

                           .5  Written description of proximity of the tower to residential structures, and nature of uses on adjacent and nearby properties within one-quarter mile of the facility.

 

                     .3  ACCESSORY BUILDINGS -- All accessory buildings associated with wireless telecommunication facilities shall comply with the following:

 

                           .1  Within residential zones, accessory buildings shall not exceed 450 square feet gross floor area, and shall have a roof line characteristic of other structures in the vicinity.  Only one accessory building per facility is allowed in residential zones.  Applications shall include a floor plan that meets life safety and fire code requirements;

 

                           .2  Each building shall comply with setback requirements for accessory buildings for the zoning district in which it is located;

 

                           .3  If located on the roof of an existing building or structure, it shall be designed to blend with the color and design of the building to the maximum extent possible;

 

.4  All ground level buildings, boxes, or cabinets shall be surrounded by a chain link or comparable fence not exceeding 8 feet in height and be landscaped and screened according to the requirements of Section 4.20.9 of these Regulations.  Buildings shall be of an architectural style designed to harmonize with nearby structures, so as to not devalue adjoining property or  discourage future development.  This section may be waived by the Commission if topography, natural stands of  vegetation, wetlands, or conservation easements effectively buffer the site from view; and

                                                                                                                                          

                           .5  All accessory buildings will be of a permanent nature -- membrane covered structures, mobile trailers or temporary structures are prohibited.

 

14.8              Security and Safety:

 

                     The applicant shall include a plan to ensure that non-authorized people do not climb the antenna.

 

 

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14.9              Abandonment:

 

A wireless telecommunication facility not in use for 12 consecutive months shall be removed by the facility owner at its expense.  This removal shall occur within 90 days of the end of such 12-month period.  The Commission may require a bond or other surety satisfactory to the Town of Ledyard, to guarantee removal, which shall be reviewed and renewed every two years.  If there are two or more users of a single tower, this provision shall not become effective until all users cease utilizing the tower.

 

 

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SECTION 15.0:  NON-CONFORMING USES

 

 

15.1         NON-CONFORMING USES:

 

                Any non-conforming use of a building or property lawfully existing on the effective date of these regulations or any amendments thereto may be continued, subject to the following requirements:

 

15.1.1      Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by proper authority.

 

15.1.2      No non-conforming use shall be enlarged or extended unless the use therein is changed to a conforming use.  No structure devoted to a non-conforming use shall be structurally altered or improved to accommodate such use if the total cost of any or all such changes exceed fifty (50%) percent of the latest assessed value of the structure at the time of application.

 

15.1.3      When a building in which there is a non-conforming use is damaged by fire, collapse, 

                explosion, act of God or act of a public enemy, it may be reconstructed, repaired or rebuilt only to its previous floor area and cubical content provided such restoration or rebuilding is commenced within one year of such damage and the non-conforming use is continued.

 

 

15.2         CHANGES:

 

                A non-conforming use may be changed to a conforming use.  The approval of the Commission is required to change a non-conforming use to another non-conforming use, provided the change shall reduce the degree of nonconformance.  Approval of the Zoning Board of Appeals is required to change a non-conforming use to another non-conforming use which does not reduce the degree of non-conformance.  No non-conforming use shall, if once changed to a conforming use, be changed back again into a non-conforming use.

 

 

15.3         ABANDONMENT:

 

                No non-conforming use which has been abandoned for a period of more than one year shall thereafter be resumed.

 

15.4         ALTERATIONS:

 

                A building containing a permitted use, but which does not conform to the requirements regarding building height, width of lot, size of lot, percentage of lot coverage and required yard and parking facilities for the district in which it is located, may be enlarged or altered provided that any additions are constructed within the applicable setback and yard requirements.

 

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SECTION 16.0:  MISCELLANEOUS

 

 

16.1         ZONING BOARD OF APPEALS:

 

                Appeals for variances to these Zoning Regulations shall be made to the Zoning Board of Appeals in accordance with the provisions of Chapter 124, Connecticut State Statutes.

 

16.2         JUNK AND HOBBY VEHICLES:

 

16.2.1        Junk shall not be placed, stored, co-located, or maintained outside on any lot in                   any district.

 

16.2.2        A maximum of one (1) hobby vehicle may be located in a side yard or rear yard and            screened from view from adjacent properties and access roads.  Such screening may be achieved by use of a fence, vegetation, or a temporary fabric cover that is kept secured and maintained in good condition.  There is no limitation on the number of   hobby vehicles that are stored or parked in an enclosed structure.

 

16.2.3        No more than one (1) vehicle that has an expired registration, but which can be re-registered in its current physical condition may be parked or stored outside on any lot in any district except as permitted in Section 7.3.5.

 

16.2.4        It is the intent of these regulations that the term “junk” not be applied to (a) materials            or items being temporarily stored in rodent-proof containers that are placed on the curb on a regular schedule for refuse pickup, (b) farm equipment ordinarily and regularly used with an active farming operation on the same premises, (c) saw mill inventory, (d) “cordwood, provided the cordwood is not associated with any home-based business, (e) “hobby vehicles” that are in compliance with Section 16.2.2, and (f) construction materials and associated debris on the same premises, or accessory lot, with a valid and active building permit provided that the construction materials and associated debris are removed from the premises within 15 days after the       issuance of a Certificate of Zoning Compliance and Certificate of Occupancy, or the construction project is materially completed.

 

16.2.5        The responsibility for compliance with this section is, in order of precedence, (a) the             “Owner” of the junk and/or hobby vehicles(s) (if known), (b) the “Resident” residing on the premises containing the junk and/or hobby vehicles(s) (if know), and (c) the legal “Owner” of the premises containing the junk and/or hobby vehicle(s).

 

16.3         BUILDING ON EXISTING LOTS:

 

16.3.1      Nothing in these regulations shall prevent the construction of a permitted building or the establishment of a permitted use on a lot which at the time of the adoption of these regulations and continuously thereafter was owned separately from an adjoining lot, as evidenced by deed recorded in the Land Records of the Town of  Ledyard, provided, however that the following requirements are met:

 

16.3.2      No construction or use shall be permitted on any lot containing less than 15,000 

                square feet.

 

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16.3.3      All sanitary requirements of the State of Connecticut and of the Town of Ledyard 

                shall be met.

 

 

16.4         FINISH GRADING:

 

                All construction work must be graded to conform to surrounding occupied properties,  

                commensurate with the building being constructed, and in keeping with accepted trades finish grading standards.  All rocks and debris deemed unnecessary by the Zoning Enforcement Officer shall be disposed of in a suitable manner.  All finished grading will be completed within six (6) months of occupancy.  An additional three (3) month period may be granted by the Zoning Enforcement Officer upon presentation of sufficient justification.

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16.5         TEMPORARY MOBILE UNITS FOR CONSTRUCTION IN NON-RESIDENTIAL   

                ZONES:

 

                The Zoning and IWWC Officer may grant a temporary permit for mobile units as field offices, tool shops, and/or storage sheds for construction projects in any zone except those designated residential use only (ie., R-20, R-40, R-60, R-80), provided the  same shall not be used for sleeping or living quarters.  Permits shall be for six (6) months duration and may be renewed  for additional six (6) month periods.  In no case shall the total duration of the use exceed three (3) years.  Such units shall only be allowed on sites requiring little or no grading or other permanent changes to the landscape and such that there will be no negative impact on the potential for future development of the site.  Such temporary mobile units shall be adequately landscaped in accordance with the standards of the district in which the mobile units are located.  Where such uses are visible from a road or highway, or an abutting property owner, a visual buffer shall be provided to screen the mobile units from view.  A layout plan (or site plan, if required) shall accompany the application.  In no case shall such temporary uses include the storage of oil, fuel, or hazardous chemicals (as defined by Connecticut DEP).

 

                .1  All utilities shall be installed according to applicable state and local codes.

 

                .2  Such mobile units shall be arranged to allow access by emergency vehicles.

 

                .3  The ZEO may attach conditions as necessary to meet the intent and purpose of  the zoning regulations, section 1.2.

 

 

16.6         HANDICAP RAMPS FOR RESIDENTIAL PURPOSES:

 

                An entrance/exit ramp may be constructed in setback areas, at the discretion of the Zoning Enforcement Official, provided that the ramp. . .

 

                .1  does not exceed the minimum width required by the ADA (Americans With 

                     Disabilities Act);

 

                .2  is not covered or enclosed;

 

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                .3  is the only reasonable alternative after all locations that are compliant with the setback regulations have been considered;

 

                .4  is designed and built as an easily removable structure; and

 

                .5  is removed when it is no longer necessary.

 

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SECTION 17.0:  ADMINISTRATION AND ENFORCEMENT

 

17.1         INTERPRETATION:

 

                The provisions of these regulations shall be held to be minimum requirements adopted for the purpose stated in Section 1.0 hereof.  It is not intended by these regulation, to repeal, abrogate, annul or in any way impair, conflict or interfere with any existing provisions of law or ordinance or with any rules, regulations or permits previously adopted or issued, pursuant to law, relating to the present use of premises; nor is it intended by these regulations to interfere with or abrogate or nullify any easements, covenants, or other agreements between parties; however, if these regulations impose a greater restriction upon the use of property or upon the height of buildings, or require larger yards or other open spaces than are imposed or required by existing provisions of law or ordinance or by such rules, regulation, or permits, or by such easements, covenants, or other agreements between parties, the   provisions of these regulations shall control.  In the case of a lot lying in more than one Zoning District, as established by these regulations, the provisions of the less restrictive district shall apply for a distance not exceeding fifteen (15) feet into the more restrictive district.

 

 

17.2         ENFORCEMENT:

 

                It shall be the duty of the Zoning Enforcement Officer who shall be appointed by said 

                Commission, to receive and review zoning applications.  She is hereby given the power and authority to enforce the provisions of these regulations and to enter and inspect such property at reasonable times as required in the performance of his duties.  The Zoning Enforcement Officer shall collect for the Town of Ledyard all fees required herein, keep a record thereof and turn the same over to the Town Treasurer, and shall keep in file in the Town Hall a full and accurate record of all applications, permits and certificates herein required.

 

 

17.3         PERMITS:

 

17.3.1      Zoning Application forms must be approved by the Zoning Enforcement Officer.

 

17.3.2      Building applications must be reviewed by the Zoning Enforcement Officer to insure 

                that all requirements of these regulations are met.

 

17.3.3      Certificate of Use and Compliance:

 

                No land as of December 15, 1983 shall be built upon and no building hereafter erected, altered or extended, after December 15, 1983 shall be used or changed in use until a Certificate of Use and Compliance is issued by the Commission or its approved agent, stating that the building and proposed use complies with the provisions of these regulations.  In the enforcement of these regulations, a Zoning permit may be combined with a Building permit and a Certificate of Use and Compliance with a Certificate of Occupancy.

 

                All Certificates of Use and Compliance shall be applied for coincidental with the 

                application for a Certificate of Occupancy.  The applicant shall furnish the 

                Commission or its approved agent with a copy of a plot plan depicting adequate

    information to allow determination that the requirements of these regulations are 

                satisfied.  Sites may be inspected as necessary.

 

                A temporary Certificate of Use and Compliance may be issued by the above authorities for a period not to exceed ninety (90) days.

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17.4         STOP WORK ORDER:

 

                The Zoning Enforcement Officer may issue a Stop Work Order if, in his judgment, the work being performed is not in full compliance with the provisions of these regulations.  He shall withdraw such order when it is shown that the work being performed will be brought into full compliance with the provisions of these regulations.  Any person aggrieved by such a Stop Work Order may appeal to the Zoning Board of Appeals as provided in Section 16.1 hereof.

 

17.5          VIOLATION PROCEDURE:

 

                Procedures to be followed in the event of violations of these regulations shall be in accordance with the provisions of Chapter 124, Connecticut State Statutes.

 

17.6         SETTING OF A BOND:

 

17.6.1      The Commission may require, prior to approval of the application, the applicant to post a bond in cash or upon a Connecticut licensed Surety Company for all uncompleted conditions securing to the Town of Ledyard the actual construction and installation of such conditions as may be required by these regulations.  The amount of the bond shall be satisfactory to the Commission.  The bond shall specify the conditions guaranteed and the amount which shall apply to each specific condition.  The bond shall be filed with the Treasurer of the Town of Ledyard.  The bond shall require all conditions described on the approval site plan to be completed within a time period specified by the Commission from the date of approval.  The bond may be released, in whole or in part as specific conditions are completed and accepted by the Commission, the Treasurer may release the bond in whole or in part only upon written notification of acceptability by the Commission.  The time limit of the original bond may be extended for a period of one (1) year from the termination date of the original bond.

 

17.6.2      If all conditions have not been installed or accepted, the remaining portion of the bond becomes forfeit and the monies due shall be transferred into the treasury of the Town of Ledyard.

 

17.6.3      Within thirty (30) days after receiving written notification of completion of the specified conditions, the Commission shall arrange for inspection of the property and forward in writing a report of acceptance or rejection to the applicant.  If accepted, a written notice specifying the amount of bond to be released shall be forwarded promptly to the Treasurer of the Town of Ledyard.  If rejected, the reasons for rejection and the requirements for acceptance shall be included in the written  notification of the results of the inspection.

 

 

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17.7         ZONE CHANGE PROCEDURES:

 

                Changes to these regulations will be as prescribed in Section 8-3, as amended, Chapter 124,   Connecticut General Statutes.

 

17.7.1      Zoning which affects land posted under the Ledyard Inland Wetlands and Watercourses Map should be referred to that Commission for its review and comment.

 

17.7.2      The Commission has sixty-five (65) days from receipt of an application for a zone change to hold a public hearing.  An additional sixty-five (65) days may be granted by the applicant upon request, for due cause.  After the public hearing, the Commission has sixty-five (65) days to render a decision, again with a provision for an additional sixty-five (65) days with approval of the applicant.

 

17.7.3      The Zoning Commission must refer proposed Zoning Regulation changes or district changes thereof to the Planning Commission at least thirty-five (35) days prior to the date assigned for a public hearing to be held thereon.

 

 

17.8         AGENDA SCHEDULING:

 

                Any item to be considered on the agenda of the Commission shall be in the hands of 

                the Zoning Enforcement Officer prior to 3:30 P.M. on the fifth (5th) working day prior 

                to the next scheduled Commission meeting.

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17-3

 

SECTION 18.0:  DEFINITIONS                                                                                                    

 

ABANDONMENT:

 

To discontinue use of the intended purpose, to vacate, to cause to be empty or unoccupied of inhabitants, or to render inoperative.

 

ACCESSORY USE OF BUILDING:

 

If subordinate use of building customarily incidental to and located on the same lot with the  main use building.  The Zoning Commission may also approve a parking lot as a subordinate use of a building if it finds that it is incidental to and located on either the same or a contiguous lot with the main use building, where the principle use and the accessory use are owned by the same entity.  Accessory use shall be limited to one contiguous lot.  For parking lots approved in accordance with Section 3.1.7, contiguous shall mean lots not separated by a Town or State road.

 

ACCESSORY APARTMENT:

 

A set of rooms fitted out especially for housekeeping facilities and used as a dwelling for one family.

 

ACCESSORY BUILDING:

 

A building whose use is customarily incidental to and located on the same lot as the main use building.

 

AGE RESTRICTED HOUSING:

 

Housing for residents age 55 or older.  Each housing unit shall be occupied by at least one resident 55 years of age or older and no housing unit shall include a resident who has not attained the age of 18 years of age.  Age restricted housing units may be either (i) single family detached dwelling units(ii) duplex units or (iii) multi-family dwelling units.  Any age restricted housing units proposed for development in the Town of Ledyard shall be so designated on any site plan submitted to the Ledyard Zoning Commission for approval and shall be subject to a covenant enforceable by the Town of Ledyard Zoning Enforcement Officer restricting the occupancy of such housing units to age restricted persons as defined in this paragraph.

 

APARTMENT:

 

A set of rooms fitted out especially for housekeeping facilities and used as dwelling for one family.

 

ARCHITECT:

 

An individual or firm of Registered Professional Architects licensed to operate in the State of Connecticut.

 

BARN:

 

A building for the storage of farm products, feed, and/or the housing of farm animals or farm equipment located on a farm of three acres.

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18-1

 

BED AND BREAKFAST:

 

An owner-occupied dwelling, with a valid Special Permit, having five or less guests, without  separate kitchen facilities in which overnight accommodations and meals are provided to  travelers for a fee and for not more than twenty-one consecutive days.

 

BOARDER:

 

Same as a roomer, except the rent entitles the boarder to the furnishing of board in addition to occupancy of a room.

 

BUFFER STRIP:                                                                                                                              

 

A strip of land unoccupied by buildings, structures or pavements and maintained as a grass  strip and/or for the planting of trees or shrubs as required by these regulations.

 

BUILDING:

 

A combination of materials to form an independent structure, having a roof, resting on its own  foundation and adapted to permanent and continuous occupancy for shelter, housing or  enclosure of persons, animals, materials, businesses, industry, storage or other similar

purposes.

 

BUILDING AREA:

 

The maximum horizontally projected area of the building at or above grade, exclusive of courts  and vent shafts.

 

BUILDING HEIGHT, PRINCIPAL STRUCTURE:

 

A vertical distance of the highest point of the main roof to a point on a plane having an  elevation of the average finished grade of the ground within ten (10) feet of the walls of the  building.

 

BUILDING HEIGHT, ACCESSORY STRUCTURE:

 

The vertical distance from grade to the top of the highest roof beams of a flat roof or the mean  level of the highest gable or slope of a hip roof.

 

BUILDING LINE:

 

A line drawn parallel to the center line of the traveled portion of abutting streets through the closest portion of the building.

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18-2

BUILDING SETBACK LINE:

 

A line parallel to the center line of the traveled portion of abutting streets at a distance equal to  the building line requirements in Section 9.2 between which and the front lot line no building or  other structure or portion thereof, except as provided for in these regulations may be erected  above ground level.

 

BUSINESS COMPLEX:

 

A grouping of two or more independent retail stores, business services or professional offices  which do not have a common access, designed and approved as being separate businesses or  redesigned and approved, or expanded and approved consistent with the original objectives.

 

CENTRAL OIL DISTRIBUTION SYSTEM:

 

The dispersing of oil to two or more structures from a central supply tank or tanks through a  system of underground piping. 

 

CHILD DAY CARE CENTERS:

 

A place in which are received seven or more children not of common parentage between the ages of two and fourteen who stay for a period exceeding five but not exceeding fifteen hours  during any day, for more than one day each week, irrespective of tuition fee or charge.  The term "Child Day Care Center" as used herein shall include nursery schools, play schools,  kindergartens, all-day child care centers for children of working mothers, or programs providing  before and after school care to school age children.

 

CLINIC:

 

A place, as in connection with a medical school or a hospital, for the treatment of outpatients.

 

CLUBS:

 

An association of persons, one of whom is the owner, lessee or occupant of an establishment  operated solely for a recreational, social, fraternal, religious, political or athletic purpose whose  activities are confined to the members and guests and are not extended to the general public,  and includes the establishment so operated, but does not include such clubs the chief activity  of which is a service customarily carried on for a business or primarily for a gain.

 

COMMERCIAL VEHICLE:

 

A registered commercial vehicle identified by insignia and/or materials stored within or carried  upon to be used for commercial purposes.  Privately owned pickup trucks and vans are exempt from this definition.

 

COMMISSION:

 

The Zoning Commission of the Town of Ledyard.

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18-3

COMMUNITY WATER SYSTEM:

 

The dispersing of water to two or more structures from a central supply area through a system  of underground piping.

 

 

CONDOMINIUM:

 

The method of ownership in a multiple family project, such as an apartment or townhouse  project wherein each dwelling unit is in a separate ownership but all other common features  such as land, walls, hallways, roof and lobbies are in fractional or shared ownership.

 

CONTRACTOR'S EQUIPMENT:

 

Commercial and/or construction vehicles other than pick-up trucks or vans, incidental to a commercial business.

 

COUNTRY INN:

 

An owner-occupied and owner-managed property providing, for a fee:

·        overnight accommodations and meals to thirty-two or fewer guests;

·        a venue for corporate meetings, retreats, and social events.

 

DEPARTMENT STORES:

 

A store selling a wide variety of goods arranged in several departments.

 

DEVELOPMENT:

 

Any construction or grading activities to improved or unimproved real estate.

 

DIRECTIONAL SIGN:

 

Used to indicate location, distance and/or hours of operation of activity concerned.

 

DIRECTORY SIGN:

 

A sign to identify any commercial or industrial complex and each use in said complex.

 

DISTRICT:

 

An area, governed by these regulations, which appears on the Zoning Maps of the Town of Ledyard.

 

DISTURBED AREA:

 

An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

 

DWELLING:

 

A building designed or used as the living facilities for one or more families.

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18-4

 

DWELLING UNIT:

 

A dwelling providing complete living facilities for one family, including equipment for cooking or  provisions for the same, and including room or rooms for living, sleeping and eating.

 

ENGINEER:

 

An individual or firm of Registered Professional Engineers licensed to operate in the State of Connecticut.

 

EROSION:

 

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

 

FAMILY:

 

An individual or any number of individuals related, by blood or marriage, living together as a  single housekeeping unit, or not more than three persons unrelated by blood or marriage living  together as a single housekeeping unit (as distinguished from a group occupying a boarding  house, club or motel).

 

FAMILY DAY CARE HOME:

 

A facility registered with the State of Connecticut Department of Human Resources to keep not  more than six (6) children on a full-time basis and not more than three (3) children on a part-time basis.

 

FARM:

 

A tract of land containing three acres or more used in whole or in part for agricultural purposes  which may include the raising and keeping of domestic or other animals.

 

FARMING:

 

The business of cultivating land, or employing it for the purpose of husbandry, the cultivation  and fertilization of the soil as well as caring for and harvesting the crops.

 

FAST FOOD SERVICE FACILITY:

 

An establishment specializing in take out, quick service food, frozen dessert and/or beverage,  where such items may be consumed anywhere on the premises or removed from the premises.

 

FILLING STATION:

 

Licensed service station servicing motor vehicles with gas and oil only.

 

FOUNDATION:

 

A masonry substructure of a building.

 

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18-5

FRONTAGE, LOT LINE:

 

The length of the front line of a building lot abutting on a public road or street.

 

GARAGE, PRIVATE:

 

A building or part thereof accessory to a principal building and providing for the storage of  automobiles and in which no occupation or business for profit is carried on.

 

GARAGE, PUBLIC:

 

A building used for the storage of more than two registered motor vehicles owned by persons  other than the owner or occupants of the premises, on which repairs or service station activities  including sale of accessories and parts, are or may be carried on for a profit.

 

GRADING:

 

Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any  combination thereof, including the land in its excavated or filled condition.

 

GRAVEL PIT OR SAND BANK:

 

An area of land used for the excavation and removal of gravel, sand or similar materials.

 

GUEST AT A BED AND BREAKFAST:

 

A transient receiving overnight accommodations in an inside bedroom in an owner-occupied  home where the intent is for the guest to vacate in twenty-one (21) or fewer days.  Guests at bed and breakfast establishments are subject to Chapter 763 of the Connecticut General Statutes, "Hotel and Innkeepers", regarding guest conduct and payment for services.

 

HOBBY VEHICLE: 

 

Any antique, rare, special interest, off-road, and/or racing vehicle, regardless of age or condition, not currently designed or intended for daily use, that is being actively restored, repaired, modified, and/or maintained by its owner.

 

HOME HANDICRAFT INDUSTRY:

 

An occupation of a resident of the premises using principally his hands and applying personal  skill and artistry in making items for sale.

 

 

HOME HUSBANDRY:

 

The cultivation and production of edible crops or of farm animals for home use.

 

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18-6

HOME OCCUPATION:

 

Operation of a small business in a dwelling for gainful employment involving the manufacture,  repair, provision, or sale of goods and/or services.

 

HOSPITAL:

 

A building used in whole or in part as a place for the lodging and care of five or more persons  receiving diagnostic, medical or surgical treatment and requiring license by the State  Department of Health.

 

HOTEL:

 

A building which has a common entrance or entrances and contains living and sleeping  accommodations for hire for ten or more persons.

 

INDOOR RECREATIONAL FACILITY:

 

A facility for recreational purposes where the game, sports or recreational activity is performed inside of a building.

 

JUNK:

 

Any (a) material or item, including vehicles that, due to condition and/or storage, may contaminate or pollute the soil or groundwater, or invite the breeding, collection, or infestation of flies, mosquitoes, rodents, or other animals; and/or (b) any vehicle, or parts of a vehicle that at one time was registered, but because of its current physical condition cannot now be re-registered, and/or (c) any other material or item that causes the reduction of neighboring property values, or negatively impacts public health, general welfare, or quality of life.  Junk may include, but is not limited to, non-operable appliances, non-operable yard-care equipment, unused or deteriorated barrels, boxes, pallets, furniture, metal, glass, and/or plastic, rotted cordwood, abandoned construction materials, and demolition debris.

 

JUNKED MOTOR VEHICLE:

 

Unregistered motor vehicle which is no longer intended or in condition for legal use on public highways.

 

LAND SURVEYOR:

 

An individual or firm of Registered Land Surveyors licensed to operate in the State of  Connecticut.

 

LIMITED REPAIRER:

 

An individual licensed by the State of Connecticut as a Limited Repairer.

 

LIVESTOCK:

 

Grazing and other farm animals kept or raised for use or pleasure (i.e., cows, sheep, horses, goats, rabbits, etc.).

 

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18-7

LOT:

 

A plot or parcel of land occupied or capable of being occupied by one principal building and the  accessory buildings customarily incidental to it, including such open spaces as are required by  these regulations. In the case of multiple dwellings and public, institutional, commercial or  industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.

 

LOT AREA:

 

The product of multiplying the average width of the lot by the average depth.

 

LOT LINES, FRONT:

 

All lines dividing the lot from the street or the right-of-way.

 

LOT LINES, SIDE:

 

All lines extending from the street which divides adjacent lots abutting the same street.

 

LOT, MINIMUM WIDTH:

 

For rectangular lots, the measured distance at the required building line, measured parallel to the front lot line.

 

For lots on the outer or inner arc of a curve, the measured distance between side lot lines on a  street line at right angles to the main direction of the side lot lines, and at a distance so as to  meet the required building line from any point of the center line of the traveled portion of the street.

 

For corner lots, the measured distance parallel to the street, in the direction of the lot's  minimum width, and so as to meet the required building line from both streets.

 

 

MEMBRANE-COVERED FRAME STRUCTURE (HOOP HOUSE)

 

A nonpressurized building wherein the structure is composed of a rigid framework to support a  tensioned membrane which provides the weather barrier.  A membrane-covered frame structure may or may not have flap doors or roll-up fabric doors or end panels.  A membrane-covered  frame structure is not considered a permanent structure.

 

MOBILE MANUFACTURED HOME:

 

A mobile manufactured home means a manufactured home built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a certification label on the exterior of each transportable section.  Manufactured homes are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis.

 

MOBILE HOME PARK:

 

A plot of ground upon which two or more mobile homes, occupied for dwelling purposes are located.

 

18-8

MODULAR HOME:

 

A structure, transportable in one or more sections, which does not have a permanent chassis  and is designed to be placed on permanent foundation.

 

MOTORIZED CAMPER:

 

A portable structure constructed as an integral part of a self-propelled vehicle designed or  modified to be used as a temporary dwelling for travel, camping and recreational uses.  The  term "Motorized Camper" includes pickup trucks or truck chassis, designed for the use of a  temporary dwelling for travel, camping and recreational uses.

 

MOTEL:

 

A building providing lodging for persons, with or without cooking facilities, and intended  primarily for accommodations of transients, and so designed that access to rooms is directly  from out-of-doors.  The number of units which may have cooking facilities shall be no

greater than 20% of the total units.

 

NON-CONFORMING USE:

 

The use of property which is not a permitted use for the district in which the property is situated.

 

NON-PROFIT ORGANIZATION:

 

An organization not conducted or maintained for the purpose of making a profit.

 

OFFICE:

 

A building or part thereof used for the transaction of a professional service or business, not  including the sale of articles at retail.

 

PARKING AREA:

 

An off-street open space used for parking motor vehicles exclusively.

 

PERSONAL SERVICE ESTABLISHMENT:

 

An establishment which sells a service to an individual, group of individuals or a firm as against selling a specific item.

 

POULTRY:

 

Domesticated birds usually kept for eggs or meat (i.e., chickens, geese, ducks, turkeys, etc.).

 

 

PRODUCE STAND:

 

A small open-air structure for the purpose of selling produce primarily grown on the premises.

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18-9

PROHIBITED USES:

 

For the purposes of determining whether or not a use constitutes any noise, safety, vibration, smoke, fumes, or odors that are offensive and/or detrimental to nearby property or users, thereof, the Zoning Commission shall use the following criteria below defined below:

 

Noise – it shall constitute a nuisance for any individual, group or organization to allow the emission of measurable noises, as measured at the individual property lines, to exceed 70 decibels during the period between 6:00 A.M. and 10:00 P.M., or 60 decibels between 10:00 P.M. and 6:00 A.M.

 

Smoke – it shall constitute a nuisance for any individual, group, or organization to allow the emission of smoke from any source of density equal to or greater than that density described as No. 2 on the Ringelmann Chart as published by the U.S. Bureau of Mines.

 

Odor – it shall constitute a nuisance for any individual, group, or organization to allow the emission of any odor that, as measured at the individual property line, offensively affects the sense of smell.

 

Particulate Matter – the rate of emission of particulate matter from all uses with the boundaries of any lot shall not exceed a net figure of two pounds per hour per acre, of which no more than ten percent (10%) by weight of particles larger than forty-four (44) microns three hundred twenty-five (325) mesh shall be allowed.

 

Noxious Gases – it shall constitute a nuisance for any individual, group, or organization to allow the escape of noxious gases in quantities and concentration as to endanger the health, comfort, and safety of any individual on a neighboring site or to cause damage to property, business, or vegetation.

 

Vibration – it shall constitute a nuisance for any individual, group, or organization to generate any vibration that is discernable to the human sense of feeling at the individual property lines.

 

PROPERTY:

 

A lot or plot including all buildings or improvements thereon.

 

PUBLIC SEWER SYSTEM/PUBLIC UTILITY:

 

The disposing of organic refuse, carried off by a system of underground piping from two or more structures to a central sewage treatment plant.

 

RETAIL STORE:

 

A business establishment where diversified goods are kept for retail sale.

 

RESTAURANT:

 

A public eating place.

 

 

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18-10

RESORT FACILITY

 

A destination popular for recreation and relaxation distinguished by a high quality selection of activities, such as food, drink, lodging, sports, entertainment and shopping.

 

ROOMER:

 

A person who rents and occupies an inside bedroom in an owner-occupied home and is tenant  on a semi-permanent basis in a residentially zoned area.  A house may not have more than two (2) roomers at any instant in time.  A roomer is subject to a written or unwritten rental  agreement with a base term of at least one month, and which normally includes holdover  provisions that do not require subsequent modification of the original agreement.  The roomer  is subject to Chapter 830 of the Connecticut General Statutes, "Landlord and Tenant Act",  regarding occupancy, eviction, and the payment of rent.

 

SAWMILL:

 

A mill or machine for sawing logs.

 

SEDIMENT:

 

Solid material, either mineral or organic, that is in suspension, is transported, or has been  moved from its site of origin by erosion.

 

SOIL:

 

Any unconsolidated mineral or organic material of any origin.

 

SOIL EROSION AND SEDIMENT CONTROL PLAN:

 

A scheme that minimizes soil erosion and sedimentation resulting from development and  includes, but is not limited to, a map and narrative.

 

STRUCTURE:

 

An assembly of materials forming a construction for occupancy or use including among others,  buildings, reviewing stands, platforms, radio tower, open sheds, shelters, fences, display signs,  swimming pools, garages and barns.

 

SWIMMING POOLS:

 

A structure classified as a swimming pool, either in ground or above ground and is listed as an accessory building.

 

TOWN ROAD:

 

A street or road used for vehicular traffic and accepted into the Town Road System under existing Town Ordinances.

 

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18-11

TRAVEL TRAILER:

 

A vehicular, portable structure built on a chassis and designed to be used for temporary  occupancy for travel, vacations or recreational uses with the manufacturer's permanent  identification "Travel Trailer" thereon.

 

TRAVELED PORTION OF THE ROAD:

 

The paved or traveled portion intended for the regular conveyance of motor vehicles.

 

TWO-FAMILY DWELLINGS:

 

One building which serves as a dwelling providing complete living facilities for two families,  including equipment for cooking or provisions for the same, and including room or rooms for  living, sleeping and eating for each family.

 

UNREGISTERED MOTOR VEHICLE:

 

One which is currently unregistered but legally capable of being operated on the public ways of state.

 

USE:

 

The purpose for which property is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

 

WRECKED MOTOR VEHICLE:

 

One which is unusable and unlikely to be rebuilt and used on public ways in the state, whether  due to accident, cannibalization, or any other reason.

 

YARD, FRONT:

 

The space between the building line and the front lot line, extending the full width of the lot; or  in case of a corner lot, the open space between a building and the front lot lines extending the  full width of each frontage.

 

YARD, REAR:

 

The space between the rear line of the building and the rear lot lines, extending the full width of the lot.

 

YARD, SIDE:

 

The space between the building and the side lot lines, extending from the front yard to the rear   yard, any yard not a front yard or a rear yard shall be deemed a side yard.

 

ZONING ENFORCEMENT OFFICER:

 

An individual appointed by the Zoning Commission to enforce these regulations.

 

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18-12

   ZONING FEES*

Effective 05/01/2006

 

ZONING REGULATIONS:

   14.00

ZONING MAP:

     6.00

PERMITS

BUILDING PERMIT–RESIDENTIAL / COMMERCIAL—ZONING REVIEW:

4.00/1,000

CAM (Coastal Area Management):

   25.00

CHANGE OF USE CERTIFICATE with no change in site plan:

   15.00

FLOOD HAZARD:

   25.00

HOME OCCUPATION:

   50.00

 

MOBILE HOME:

Valuation, as indicated on Bill of Sale or Assessment

  4.00/1,000

 

MOBILE UNIT, Temporary

 

Agriculture Mobile Home Unit

   40.00

Residential – Original & each six-month renewal

   80.00

Construction/Office Storage – Original & each six-month renewal

   80.00

PUBLIC HEARING REQUIRED:

 

 

          Commercial/Industrial

Sections 4.13, 5.6, 7, 8

300.00

          Gravel

Section 12.5

 300.00

          Home Occupation

Section 3.12.5

 300.00

          Special Permit Residential Use

Section 13.0

300.00

          Other Special Permits

Sections 10.7, 14.7.2

 300.00

          Zone or Regulation Change

Section 17.7

 300.00

 

SIGN:

         25.00

SITE PLAN:

 

        

          COMMERCIAL/INDUSTRIAL or RESIDENTIAL, according to area of development**:

 

§

<10K sq. ft.                                              

   50.00

§

>10K & <25K sq. ft.                                 

 100.00

§

>25K & <100K sq. ft.                               

 200.00

§

>100K sq. ft.                                           

 300.00

        COMMERCIAL/INDUSTRIAL – Minor Modification

   25.00

        GRADING/FILLING – No significant change in topography:

   25.00

 

TEMPORARY PERMIT RENEWAL – Other than mobile unit:

§As per area

guide above

ZONING BOARD OF APPEALS:

   

    APPEAL of ZEO Order or Decision:

 

 200.00

   

    VARIANCE REQUEST:

 

200.00

 

      *As per C.G.S. Section 22a-27j, an additional $30.00 state fee is collected for all applications.

 

   **Commercial/Industrial site plan revision fees will be charged, based on area size of new structure(s)

      and/or addition(s) to existing structure, and/or significant paving areas.

 

 

 

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19-1

 

 SECTION 20.0:  VALIDITY AND RELATED TOWN REGULATORY MATERIAL             

 

 

20.1         VALIDITY:

 

                If any section, paragraph, sub-paragraph, clause or provision of these regulations shall be adjudged invalid or unconstitutional, such adjudication shall apply only to the section, paragraph, sub-paragraph, clause or provision so adjudged, and the remainder of these regulations shall be deemed to be and shall continue to be valid and in full force and effect.

 

 

20.2         RELATED TOWN REGULATORY MATERIAL:

 

                The following items related either directly or indirectly to land use matters are listed for information.  Any new amendments to these items or new items issued will be included in subsequent amendments to this regulation.

 

20.2.1      Ordinances:

 

                Ordinance Regulating Building of Approaches to Any Street or Highway of the Town  

                of Ledyard ........ NUMBER 31

 

                An Ordinance Concerning Building on Unaccepted Streets .....................NUMBER  7

 

                An Ordinance Regulating the Addition of Any New Street or Highway to the Highway 

                System in Ledyard .. NUMBER 45

 

                An Ordinance Regulating the Management of Storm Water Runoff  ...... NUMBER 44

 

20.2.2      Regulations:

 

                Regulations for the Protection and Preservation of Inland Wetlands and Watercourses, dated March 14, 1974, or amendments thereto.

 

                Regulations Governing the Subdivision of Land, dated March 12, 1975, or amendments thereto.

 

20.2.3      Others:

 

                Plan of Development, adopted June 17, 1993.

 

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20-1

SECTION 21.0  AMENDMENTS                                                                                        

 

        The provisions of these regulations and the boundaries of any Zoning district established hereunder may from time to time be amended, modified, changed or repealed by the Commission in accordance with the provisions of Chapter 124, Connecticut General Statutes, Revision of 1958, as amended.  Any petition requesting a change in these regulations shall be in writing and in a form prescribed by the Commission.  Such petitions shall be accompanied by a filing fee to be deposited with the Commission to defray the cost of publication of the notice for a hearing on such change.

 

        The amendment of these regulations effective July 1, l989, is for the purpose of complete reformatting without substantive change of content.  Subsequent amendments are described in Section 20.0 of these regulations.

 

 

        Amended as of July 18, 1990:

 

        Section 3.0 Residential Districts:  3.1.5  Allowance of accessory apartments; 3.4.3  Allowance of farm animals as of right in R-80 Districts; 3.6.1.4  Clarification of cluster lot sizes and increase in minimum lot area required for an R-40 District; 3.7.3  Allowance of interior lots as part of a non-subdivision; 3.8.5  Review of residential institutional uses by Zoning Commission; 3.9  Deletion of family apartments; 3.10.3  Increase in height allowance on accessory structures;  3.10.4  Allowance of accessory structures closer to street than principal structure.

 

        Section 17.0 Definitions:    Deletion of family apartment; Changes in child day care centers 

        and barns; New definitions: accessory apartment, accessory building, and family day care

        home.

 

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        Amended as of December 18, 1990:

 

        Section 3.12 Home Occupation Permits:  All sections changed.

        Section 17.0 Definitions:  Home Occupation.

 

 

        Amended as of February 21, 1992:

 

Section 4.0 Ledyard Center Design District:  4.3.8  Allowance of Alcoholic Liquor; 4.4 Clarification of Prohibited Uses; 4.6.4 Clarification of Site Plan Requirements; 4.6.5  

        Allowance of Waiver of A-2 Survey Requirement.

 

        Section 5.0 Resort Commercial Cluster District:  All sections new.

 

        Section 6.0 Industrial District:  Deletion of Zones I-1, I-2, and I-3; clarification of all 

        sections.

 

 

        Section 7.0 Commercial Districts:  Deletion of Commercial Marine.                              

 

        Section 8.0 Special Use Districts:  All sections new.

 

21-1

 

        Amended as of September 3, 1992:

 

        Section 13.12 Bed and Breakfast Operations:  Entire section changed.

 

 

        Amended as of June 8, 1993:

 

        Section 3.0 Residential Districts:  3.5.3 Clarify travel trailer use; 3.11.6 Allowance for replacement of mobile homes within a State approved mobile home park.

 

        Section 9.0 Bulk Requirements: Correction of R-80 requirements.

 

        Section 13.0 Special Exceptions: 13.1.9 One year waiting period for hearing substantially same application.

 

        Section 17.0 Definitions: Changes in Bed and Breakfast.

 

 

        Amended as of August 25, 1994:

 

Section 5.3.1.2 Principal Uses:  To allow all restaurants, including fast food restaurants, to be developed as stand-alone establishments within the RCCD.

 

 

        Amended as of September 22, 1994:

 

        Section 13.6 Central Oil Distribution Systems:  Entire section deleted.

 

 

        Amended as of September 14, 1995:

 

Section 3.0 Residential Districts:  3.1.3 Clarification of letting of rooms or furnishing of board.  3.11.5 Deletion of sub-section which eliminates the requirement of a ZBA variance for replacement mobile homes.

 

Section 17.0 Definitions:  New definitions:  Boarder, Guest at a Bed and Breakfast, Roomer.  Clarification:  Bed and Breakfast.

 

 

        Amended as of April 25, 1996:

 

        Section 13.12 Country Inn:  All sections new.

        Section 17.0 Definitions:  Country Inn.

        Section 15.5 Miscellaneous:  Temporary Mobile Units For Construction in Non-Residential 

        Zones.  All sections new.                                                                                               

 

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        Amended as of August 8, 1996:

 

        Section 4.5.1.2 (minimum 100 ft. lot frontage):  Deleted.

        Section 13.1.5 (minimum frontage):  Deleted.

        Section 10.5.17.1:  New section.

 

 

        Amended as of October 31, 1996:

 

        Section 3.12 Home Occupations:  Entire section changed.

 

 

        Amended as of May 3, 1997:

 

        Section 4.3.3 Ledyard Center Design District (LCDD) Permitted  Uses:  Addition of Country Inns.

Section 3.10.6 Residential Districts Accessory Buildings:  Addition of membrane-covered frame structures (hoop houses).

        Section 17.0 Definitions: Membrane-covered Frame Structures.

        Section 15.6 Miscellaneous:  Addition of handicap ramps in residential districts.

 

 

         Amended as of January 29, 1998:

 

         Section 12.3 Flood Protection:  Updates to comply with State and Federal mandates consistent with minimum standards of The National Flood Insurance Program as administered by the Federal Emergency Management Agency.

         Section 13.5 Mobile Manufactured Home Land Lease Communities For Older Persons Formerly Known As (Mobile Home Retirement Villages [RM-40 Zones]):  Entire section changed.

 

         { Numerical typographical error corrected ~ Section 13.3.5 Screening change to 13.3.6,  

           also sequence 13.3.6 change to 13.3.7 and 13.3.7 change to 13.3.8.}

 

 

         Amended as of July 4, 1998:

 

         Section 14.0 Wireless Telecommunication Facilities, Antennas, and Towers:  Entire New Section.

 

         NOTE:  All section previously numbered 14 - 20, hereby numbered 15 - 21, respectively.

 

         NOTE:  June 15, 1999 ~  typographical error corrected  in Section 13.3.5.1 {Section 11.4 changed to Section 12.4} and typographical error corrected in Section 13.5.2.5                                        {convents changed to covenants}. 

 

         NOTE:   Visual aids showing building setback envelope for attached and detached structures in Section 9, updated February 9, 2000.

 

 

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         Amended as of April 15, 2000:

 

         Section 16.2 Junk and Hobby Vehicles:  Amended to include Junk and Hobby Vehicles. 

         Section 18 Definitions:  Junk and  Hobby Vehicles.

 

 

         Amended as of May 10, 2000:

 

         Section 6.6.1 Industrial District:  Amended.

         Section 6.6.1.1 Industrial District:  New  subsection.

 

 

         Amended as of September 19, 2001:

 

         Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks:  Increase the maximum building height from 30 feet to 35 feet.

 

 

         Amended as of September 19, 2001:

 

         Section 4.5.1.7 Ledyard Center Design District:  Amended to authorize the zoning commission to waive the 100-ft. setback from the centerline of a state highway.

 

 

         Amended as of February 2, 2002:

 

         Section 4.8 through 4.17 Gales Ferry Design District (G.F.D.D.): All new section (former C-2 and C-3 zones and the former Gales Ferry School site which was zoned R-20).

 

         Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks:  Amended to include G.F.D.D. requirements.

 

 

         Amended as of April 6, 2002:

 

         Section 3.1.7 and 3.2.1:  Amended to allow an accessory parking lot on a contiguous lot via a Special Permit.

 

         Section 11.2.14:  New section to specify the number of parking spaces for a museum.

 

         Section 11.3.5:  New section to describe buffer requirements for a parking lot in a residential zone.

 

         Section 11.3.6:  New section to describe lighting requirements for a parking lot in a residential zone.

 

         Section 11.3.7:  New section to limit noise from parking lots approved via a Special Permit.

 

        

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         Amended as of September 21, 2003:

 

         Section 4.11.1.3 Gales Ferry Design District:  Amended to describe types of laundries and laundromats allowed.

 

         Section 4.11.1.6: Amended to allow outdoor recreation with exclusions.

 

         Section 4.11.1.12: New subsection .2 to allow a restaurant, pub or tavern to sell alcoholic liquor as an accessory use.

 

         Section 4.11.1.14: New subsection .1 to allow hotels and motels throughout the zone.

 

         Section 4.11.1: New subsection .22 to allow stores that sell power equipment, recreational vehicles and accessories throughout the district with outside display restricted to business hours.

 

         Section 4.11.5: Adjust subsection numbers to accommodate hotels and motels as an allowed use throughout the zone, and to add text to new subsection .3 that prohibits the discharge of volatile organic compounds.

 

         Section 4.11.5.3:  Add new subsection .1 to define recreational vehicles.  Add new subsection .2 to describe the restriction on the size of trailers.  Add new subsection .3 to describe the location and screening of repair facilities, pick up, drop off and storage areas.  Add new subsection .4 to further clarify where other motor vehicles may be sold.

 

         Section 4.12: Add definitions of Prohibited Uses, which were moved to the “Definition” section.

 

 

         Amended as of November 2, 2003

 

         Section 6.4.3:  Add new subsection .6 to allow the consideration of the construction of a water tank/tower in Industrial Zones without full screening from view, through a special permit process.

 

 

         Amended as of April 3, 2004

 

         Section 18:  Add new definition of Age Restricted Housing.

 

         Section 13.3.2.1:  Amended to allow three (3) bedroom apartment/condominiums for age restricted housing only.

 

 

         Amended as of October 16, 2005

 

         Section 4.0 through 4.13 Ledyard Center Village District (LCVD):  All new section (former Ledyard Center Design District [L.C.D.D.] and LCDD zone) now four (4) new zones: LCVD-1, LCVD-2, LCVD-3, MFVD.

 

         NOTE:  All sections previously numbered 4.8 through 4.17, hereby numbered 4.14 through 4.23 respectively.

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         Amended as of December 30, 2005

 

         Section 8.3.10  Amended to allow fast food restaurants if entry and exit are on Route 12.

 

         Add new Section 8.3.13 to CIP Zone to include convenience stores, gas stations with fast-food facilities and drive-thru’s. 

 

        

         Amended as of February 17, 2006

 

         Section 13.5:  Amended to render the regulation compatible with requirements for Federal National Mortgage Association financing of dwelling units in Mobile Manufactured Home Land Lease Communities for Older Persons and make certain additional technical amendments.

 

         Amended as of April 15, 2006

 

         Section 3.6:  Deleted “Cluster Residential Developments” add new “Conservation Subdivision Developments.”

 

Amended as of August 5, 2006

 

         Section 3.7.1:  Add new Section 3.7.1.6 to allow interior lots in a Conservation Subdivision not to comply with Sections 3.7.1.1 and 3.7.1.2.

 

         Amended as of October 8, 2006

 

         Section 5.3  Add principle uses to the Resort Commercial District, and a change to Section 5.5.1.4- building height.  Also new definition “Resort Facility.”

 

Amended as of February 3, 2007

 

Corrections of Internal References, and a change to Section 13.5 to remove regulations that are governed by the State of Connecticut Building Code.  Also new definition “Mobile Manufactured Home.”

 

Amended as of October 20, 2008

 

         Section 10.2.5 change to banner regulation and new regulation to add signage on municipal water towers.

 

Amended as of February 1, 2009

 

Section 4.17.5  change to read “. . . south and east of the intersection of Christy Hill Road and Route 12.”

 

Amended as of July 6, 2009

 

New Section 8.7 Permitting interior lots in CIP Zones

 

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